### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-14-00046- CR

Willie Lee Ockletre e, Appellant

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F B ELL COUNTY , 426 TH JUDICI AL DISTRICT NO. 713 20, H ONO RAB LE F ANCY H. JEZEK, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N

I n J anuar y 2014, appellant Wil lie L ee Ockletr ee pled not g uilty to the offe nse of

ag g rava ted assault with a deadly wea pon. See Tex. Penal Code § 22.02. The jury found him g uilty
of that off ense and additionally

found two enha

nceme nt para g raphs to be tr ue. See id. § 12.42(b). The jury assessed punishment a

t 75 y ear s in prison. See id. § 12.32. Appellant’s court-a

ppointed attorney has filed a motion to withdraw supported by a b r ie f c o n c lu d in g th a

t th e a p p e a l is f r iv o lo u s a n d w it h o u t me r it

. Co u

n s e l’ s b r ie f me e ts th e r e q

u ir e me n ts
of Anders v. Calif

ornia by prese nting a profe ssional evalua tion of the rec ord and demonstrating that
there ar e n o ar gu able g rounds to be advanc ed. See Anders v. Calif ornia , 386 U.S. 738, 744-45 (1967); Garner v. State , 300 S.W .3d 763, 766 (Tex. Crim. Ap p
. 2 0 09); see also Penson v. Ohio , 488 U.S. 75, 80-82 (1988). Appellant’s counsel has repr esente d to the Court that he provided copies
of the motion and brief to appellant; advised appellant of his rig ht to examine the appellate rec ord,file a pro se brief, and pursue discretionar y revie w follow ing the resolution of the appea l in this Court; and provided appellant with a form motion for pro se acc ess to the appellate rec ord along with
the mailing addres s o f this Court. See Kelly v. State , 436 S.W .3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders , 386 U.S. at 7 4 4 ; Ga r n er , 300 S.W .3d at 766. Appellant reque sted and

rec eived the a

ppellate r ecor d and filed a pro se br ief.
We have independe ntly revie wed the rec ord and appellant’ s pro se brief and
have found nothing that might arg uably support the appea l. See Anders , 386 U.S. at 744; Garner , 1
300 S.W .3d at 766; Bledsoe v . State , 178 S.W .3d 824, 826-27 (Te x . Crim. App. 2005). We ag ree with counsel that the appea l is frivolous and without merit. We g rant counsel’s motion to withdraw
and af firm the judg ment of convic tion. 2

Appellant has r aised inef fec tive assistance of counse l claims in his pro se brief which, i f 1 appellant wishes to p u rs u e t h o s e claims further , should be raised in a petition for writ of habea s corpus in the Court of Criminal Appea ls beca use the rec ord befor e this Court does not support those claims.
No substitut e counsel will be appointed. Should appe llant wish to seek further revie w of 2 his case by the Texas Court of Criminal Appea ls, he must either reta in an attorney to file a petition for discretionar

y revie w or file a pro se petition for discretionar y revie w. See generally Tex. R. App. P. 68-79 (g overning proce eding s in Court of Criminal Appea ls). Any petition for discretionar y revie w must be filed within thirty day s from the date of either this opinion or the date that this Court overr ules the last timely motion for rehe aring filed. See id. R. 68.2. The petition must be filed with the clerk of t he C ourt of C riminal Appea ls. Id. R. 68.3(a). I f the pe tition is mistakenly filed wit h this Court, it will be forwa rded to the Court of Criminal Appe als. Id. R. 68.3(b). Any petition for discretionar

y revie w should comply with the rules of appellate proce dure. See id. R. 68.4. Once this Court rec eives notice that a petition has bee n filed, the filing s in this case ca use will be for

war ded to the Court of Criminal Appeals. See id. R. 68.7.
2__________________________________________ David Pury ear , J ustice
Be fore J ustices Pury ear , Pemberton, and F ield
Affir med Filed: Aug ust 6, 2015
Do Not Publish

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